A spendthrift trust could help heir handle assets.
If you have a family member who has trouble handling money a spendthrift trust may be the answer as discussed in a recent Reading Eagle article entitled “Office Space: Spendthrift trusts: how to (properly) protect a beneficiary from herself.”
It is unlikely that a person with a history of bad financial decisions will suddenly make better decisions after receiving an inheritance. However, that does not mean that you should not leave an inheritance for these family members.
A spendthrift trust is specially designed to handle just these situations. It protects the trust principal from being seized by a beneficiary’s creditors. It also prohibits the beneficiary from transferring or assigning interests in the trust to another person. Trust assets can only be spent, transferred or seized by creditors after a third-party trustee distributes assets to the beneficiary.
An estate planning attorney familiar with your state laws could guide you on an estate plan involving a spendthrift trust.
Reference: Reading Eagle (May 24, 2016) “Office Space: Spendthrift trusts: how to (properly) protect a beneficiary from herself.”
